Browne v Premier Builders (Jersey) Ltd. [1980] JLR 95 (02 May 1980)

Browne v Premier Builders (Jersey) Ltd. [1980] JLR 95 (02 May 1980)

Where a contractor causes structural damage to neighbouring property, the employer is liable for (a) cost of repairs, (b) depreciation in value from original to repaired state, and (c) cost of accommodation for occupants during repairs.

Citation
[1980] JLR 95
Parties
Plaintiff: Browne; Defendant: Premier Builders (Jersey) Ltd.
Jurisdiction
Jersey
Judgment Date
02 May 1980
Procedural Posture
Civil / Judgment
Outcome
liability established; damages payable
Legal Topics
Damages, Liability for Structural Damage, Third Party Property Damage
Tort Construction Law Damages Liability for Structural Damage Third Party Property Damage

Case Brief

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Parties

Browne

Plaintiff

Premier Builders (Jersey) Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the contractor is liable for structural damage to neighbouring property
  2. 2 What damages are payable for such damage

Ratio Decidendi

Where a contractor causes structural damage to neighbouring property, the employer is liable for (a) cost of repairs, (b) depreciation in value from original to repaired state, and (c) cost of accommodation for occupants during repairs.

Court Disposition

liability established; damages payable

Orders

  • Damages to be paid for cost of repairs to damaged property
  • Damages to be paid for depreciation in value of property from original value to value when repaired